Terms and Conditions - A & G Furniture Removals

General Terms and Conditions A&G Furniture Removals

1. OVERVIEW

This website is operated by A&G Furniture Removals trading as A&G Furniture Removals (ABN 484 308 35449).

These Terms and Conditions govern your use of this website and the products and services A&G Furniture Removals provides in connection with this website, which includes transport, labour and removalist services (Services).

By accessing or using this website or engaging us to provide the Services, you (the ‘Customer’) acknowledge and agree that this conduct evidences your acceptance of these Terms and Conditions (including any subsequent amendments).

WE ARE NOT COMMON CARRIERS AND WILL HAVE NO LIABILITY AS SUCH

If you do not agree with these Terms and Conditions, you should not accept them. If you do not accept these Terms and Conditions, you must not access or use this website or engage us to provide the Services.

2. YOUR GOODS

2.1 As a condition of you engaging us to provide the Services, you must ensure that you are either:

(a) the owner of the goods and/or property being moved (Goods); or

(b) an authorised agent of the owner of the Goods.

2.2 Unless otherwise agreed, you are solely responsible for wrapping and packaging the Goods in a manner which is suitable for transportation, which includes:

(a) wrapping items to reduce the risk of scratching and other damage; and

(b) packing wrapped items into boxes which are able to be carried.

2.3 You must advise us of any fragile items or any other items which may require special treatment before commencement of the Services (Fragile Goods).

2.4 A&G Furniture Removals offer a Pre-Pack Service for an additional fee. If you choose not to engage A&G Furniture Removals Pre-Pack Service, then the Damaged Goods Guarantee will not apply to these items.

2.5 You must ensure that all Goods are safe to be moved, handled and otherwise transported by us in the course of providing the Services.

2.6 For clarity, you must notify us if the Goods comprise any dangerous goods, which includes any acids, chemicals, poisons, gases, flammable liquids or explosives.

3. SERVICES

3.1 Subject to you providing accurate, complete and up-to-date information on all matters relevant to provision of the Services, including the required “pick up” and “drop off” locations for the Goods, A&G Furniture Removals will, on acceptance of an engagement, provide the Services using due care and skill by:

(a) supply Pre-Pack Service as agreed in writing between the parties for an additional fee;

(b) transporting the Goods to the drop off location via any reasonable delivery route, as determined by A&G Furniture Removals in its sole discretion; and

3.2 You must ensure that either you or your authorised representative (aged over 18 years) (Customer Representative):

(a) are present at all times at both the pick up and drop off locations; and

(b) supervise the loading and unloading of the Goods.

3.3 A&G Furniture Removals may in its sole discretion, decline to accept an engagement.

3.4 A&G Furniture Removals may terminate the Services at any time if the Customer breaches a material term of these Terms and Conditions and fails to remedy that breach to the satisfaction of both parties. Full payment of the contract is still required.

4. FEES

4.1 Our fees are charged as follows:

(a) a fixed price payable for our Services which is agreed with you before commencement of the Services (Fixed Price Moves); and/or

(b) any parking fees, tolls or fines incurred by A&G Furniture Removals in the course of providing the Services, except those which are unreasonably incurred; and/or

4.2 All Fees must be paid promptly on completion of the Services, with the exception of previously agreed invoiced moves, which must be paid promptly on issue of an invoice by A&G Furniture Removals.

4.3 The Fees are calculated as follows:

(a) Fixed price moves: a deposit is required to be paid to secure your move date, with the balance of the agreed upon amount to be paid in full on completion of the move.

(b) any parking fees, tolls or fines incurred by A&G Furniture Removals in the course of providing the Services, except those which are unreasonably incurred; and/or

4.4 Cancellation of a booking must be in writing and completed a minimum 3 complete business days prior to the start of the booking time i.e. Monday – Friday, weekends and public holidays not included. Any cancellations after this time will forfeit your deposit.

4.5 If any Fees are not paid promptly, as required by clause 4.2, A&G Furniture Removals may take reasonable steps to recover the Fees and otherwise mitigate any financial loss associated with non-payment of the Fees, which may include charging interest and/or engaging debt collection services to recover all applicable fees, including associated recovery costs.

5. DAMAGE NOTIFICATION

5.1 The Customer Representative must promptly inspect all Goods and areas in the surrounding premises after the Goods are unloaded and before completion of the Services.

5.2 Immediately after the Customer Representative’s inspection under clause 5.1, the Customer Representative (or the Customer) must notify A&G Furniture Removals staff assisting with the move of any damage caused to the Goods or the surrounding premises during the Services. If it is not possible to notify A&G Furniture Removals staff during the Services, the Customer Representative must immediately take photographs of the purported damage and email them to: agfurnitureremovals@gmail.com

5.3 Except as required by law, a claim cannot be accepted if the above conditions have not been met.

5.4 As the Customer and their representatives have the right to participate in the Services, A&G Furniture Removals will not be liable for any damage, claim or liability to the extent that it is caused or contributed to by a third party.

6. AUSTRALIAN CONSUMER LAW

6.1 A&G Furniture Removals’ services come with guarantees that cannot be excluded under the Australian Consumer Law.

6.2 For major failures with the service, the Customer can:

(a) cancel the service contract with A&G Furniture Removals and receive a refund for the unused portion; or

(b) keep the contract with A&G Furniture Removals for supply of the Services and receive compensation for its reduced value as a result of the major failure.

6.3 If the failure does not amount to a major failure:

(a) A&G Furniture Removals will, at its election, either:

(i) rectify the problem with the Services within a reasonable time; or

(ii) cancel the service contract and provide a refund to you for the unused portion of the Services.

(b) If A&G Furniture Removals elects to rectify the problem with the Services in accordance with clause 6.3(a)(i) and this takes too long, the Customer may:

(i) get a third party to rectify the problem and recover the reasonable costs from A&G Furniture Removals; or

(ii) cancel the service contract and get a refund for the unused portion of the Services.

6.4 The Customer may also take action to recover damages from A&G Furniture Removals for any reasonably foreseeable loss or damage caused by A&G Furniture Removals’ failure to comply with a consumer guarantee.

6.5 You may not be entitled to a remedy under the Australian Consumer Law if A&G Furniture Removals failed to meet a consumer guarantee due to something a third party did or did not do or which was otherwise caused by something beyond human control.

7. DAMAGED GOODS GUARANTEE

7.1 In addition to any rights you may have under the Australian Consumer Law, subject to clause 7.2 and you complying with these terms and conditions, A&G Furniture Removals separately guarantees that the Services will be provided with due care and skill. To the extent A&G Furniture Removals causes damage to the Goods as a direct result of failing to exercise due care and skill during the Services (Damaged Goods), A&G Furniture Removals will, at its election:

(a) repair the Damaged Goods to as near the condition prior to the damage occurring (Repair Option);

(b) replace the Damaged Goods (Replacement Option); or

(c) pay reasonable compensation to the Customer for the damage caused to the Goods (Compensation Option), (Damaged Goods Guarantee).

7.2 The Damaged Goods Guarantee does not apply to any Goods which have not been wrapped and packed by us under the A&G Furniture Removals Pre-Pack Service.

7.3 Except as required by law or otherwise agreed by us in writing, if your claim is accepted:

(a) A&G Furniture Removals will contact you to inform you of its decision and to provide you with further details of how you are to deliver the Damaged Goods (if applicable); and

(b) if instructed by A&G Furniture Removals to do so, you must deliver the Damaged Goods (at your cost) to a location specified by A&G Furniture Removals, as a condition of any repair, replacement or compensation being provided.

8. REPAIR OPTION

8.1 Where A&G Furniture Removals elects to repair any Damaged Goods under clause 7.1(a), the repair will be made to as near the condition prior to the damage occurring and will strictly be limited to the affected area of the damage only.

8.2 Any repairs will be undertaken by the repairer of our choice and the Customer must make the Damaged Goods available to A&G Furniture Removals to undertake the repair.

9. REPLACEMENT OPTION

9.1 Where A&G Furniture Removals elects to replace the Damaged Goods under clause 7.1(b), the replacement goods provided will be in a similar condition to the condition the Goods were in prior to the damage.

9.2 For clarity, any used Damaged Goods are not required to be replaced by new goods.

10. COMPENSATION OPTION

10.1 Where A&G Furniture Removals elects to compensate the Customer under clause 7.1(c), A&G Furniture Removals will pay to the Customer an amount reasonably assessed as being equal to the difference between the value of the Damaged Goods before and after to the damage occurring, up to a maximum of:

(a) $1000 per item for damage that impairs functionality of an item; and

(b) $500 per item for cosmetic damage or damage not effecting an item’s functionality.

10.2 If the compensation amount determined by A&G Furniture Removals under clause 10.1 is disputed by the Customer, it shall be assessed by an agreed independent valuer and, if the parties cannot agree, chosen by the current President of the Law Institute of Victoria (or any replacement body).

10.3 The costs of the valuer shall be paid by the party whose value differs most to that of the valuer.

11. LIMITATION OF LIABILITY

Subject to clause 6 and otherwise to the maximum extent permitted by the law, A&G Furniture Removals specifically excludes and limits any liability under the Damaged Goods Guarantee, these terms and conditions and at law that arises from:

(a) Unconfirmed Items: where items have been added to the moving list without consultation with A&G Furniture Removals office staff prior to the first day of the Services.

(b) Identified Risks: where the existing condition/circumstances of an item (including the available access points) OR a particular direction or instruction contravenes our normal workmanship standards, so that damage to that particular item may be high risk or unavoidable and the matter is discussed between A&G Furniture Removals and the Customer and the Customer does not instruct A&G Furniture Removals to cease providing the Services in relation to the item.

(c) Unknown Risks: where the damage arises from conditions or things which are not known by, or within the control of, A&G Furniture Removals, for example items lodged under Goods which are not visible or a defect in any Goods that is not immediately obvious.

(d) Inadequate/inappropriate wrapping and/or packing: where damage has been caused or contributed to by the Customer failing to adequately wrap and pack the Goods. For clarity, Customers who elect not to engage A&G Furniture Removals to provide the A&G Furniture Removals Pre-Pack Service and choose to wrap and pack the Goods themselves must ensure the Goods are protected from superficial scratching, as well as knocks and other impacts which can arise even when Goods are moved with due care and skill.

(e) Inadequate notice: where the Customer fails to notify A&G Furniture Removals of the damage to the Goods at the time of completing the Services in accordance with clause 5.

(f) Unavoidable Risks: self-assembled furniture that has not been flat-packed for transport, electronic goods and white goods not packed in their original packaging or an appropriate box suitable for transport, items in excess of safe lifting limits (32kg for one person, 80kg for two people), marble, glass, stone or masonry items, unusually shaped items, mattresses not in protected wrapping, pot plants or fish tanks or any other item whereby moving such an item may cause unavoidable damage due to the nature of that item.

(g) Electrical Goods: internal damage or any loss of function to electrical goods where A&G Furniture Removals has not caused any external damage to those Goods, as some electrical items may develop unavoidable faults when moved no matter how carefully handled or may have been damaged other than as a result of A&G Furniture Removals’ performance of the Services.

(h) Curved Televisions: due to their inherent design, it has been found that damage can occur to curved televisions even when properly packed and handled.

(i) Damage to premises: any damage to the premises (except damage which is reasonably foreseeable and caused by A&G Furniture Removals’ failure to meet a consumer guarantee), including surface dents, scratches, chips and scuffs to fixtures and fittings such as carpets, floorboards, tiling and walls.

(j) Consequential loss or damage: any consequential loss or damage arising in connection with the Services (which is not reasonably foreseeable and caused by A&G Furniture Removals’ failure to meet a consumer guarantee).

(k) Sets: Where an item is part of a pair, set, suite or collection of items, A&G Furniture Removals will only be responsible for the specific item affected and will not be responsible for any items which are not themselves damaged, including those which belong to a pair, set, suite or collection of items.

(l) Transport damage: where the damage relates to or arises from an event happening to the transport vehicle, including being damaged by fire, flood, collision or over-turning and A&G Furniture Removals is compensated by our insurer, A&G Furniture Removals may pay reasonable compensation to the Customer up to an amount equal to the compensation received by A&G Furniture Removals from its insurer. A&G Furniture Removals will not be required to pay any amount to the Customer which is not first covered and paid by our insurance in connection with an Insured Event (except where such loss or damage is reasonably foreseeable and caused by A&G Furniture Removals’ failure to meet a consumer guarantee).

(m) Mobile storage: where items have been moved into a mobile storage container.

(n) Fees: where the Customer fails to make full payment of the Fees owing to A&G Furniture Removals in accordance with these terms and conditions.

(o) Gratis work: any Services which is completed for no charge to any parties involved.

12. SAFETY CONDITIONS

12.1 A&G Furniture Removals may, at any time and without notice:

(a) suspend work or vacate a property due to any issue endangering the health & safety of our staff, contractors or sub-contractors; and/or

(b) refuse to transport any item where the weight of that item exceeds our safe lifting limits (32kg for one person, 80kg for two people).

13. LIEN OVER GOODS

To the maximum extent permitted by the law and in addition to any other rights A&G Furniture Removals may have at law, all goods A&G Furniture Removals receive as part of the Moving Services are subject to a general lien for payment of the Fees and all other moneys due by the Customer to A&G Furniture Removals relating to the Services.

14. VARIATION

A&G Furniture Removals may amend or vary these Terms and Conditions at any time, subject to any material amendments or variations being notified to existing Customers. If you continue to use or access our website or engage us to provide the Services, this will constitute deemed acceptance of these Terms and Conditions (as updated from time to time).

15. COSTS

The Customer is liable for any additional cost(s) incurred by A&G Furniture Removals, as a result of a breach of these terms and conditions.

16. SEVERANCE

Any provision in these terms and conditions which is prohibited or unenforceable is to be severed and read down to the extent necessary to make these terms and conditions enforceable, unless it would materially change the intended effect of these terms and conditions.

17. WAIVER

Any waiver of a term of these Terms and Conditions will only be effective if in writing. No failure by A&G Furniture Removals to insist upon or enforce strict compliance with these Terms and Conditions will constitute a waiver of any of its rights or remedies.

18. APPLICABLE LAW

Any dispute or claim arising out of or in connection with these Terms and Conditions (including non-contractual disputes or claims) will be governed by the laws of Victoria, Australia and will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

19. QUESTIONS

Please contact us at: agfurnitureremovals@gmail.com / 1300 255 668 or if you have any questions regarding these Terms and Conditions or you are unable to find the information that you require.